QLDIn ForceAct
Roman Catholic Church (Incorporation of Church Entities) Act 1994
sec.27Restrictions on powers
Start here
Get a plain-English read of sec.27
Turn the raw legal text into a practical explanation grounded in Roman Catholic Church (Incorporation of Church Entities) Act 1994.
### sec.27 Restrictions on powers
Sections 25 to 25C apply to an incorporated church entity subject to any restrictions on its powers under its constituent documents and canon law.
The entity contravenes this subsection if—
the entity exercises a power contrary to a restriction mentioned in subsection (1) ; or
the entity’s constituent documents or canon law sets out the entity’s objects or functions and the entity does an act that does not promote the objects or functions.
The exercise of the power, or the act, is not invalid merely because of the contravention.
An officer of the entity who is involved in the contravention contravenes this subsection.
An act of the officer is not invalid merely because, by doing the act, the person contravenes subsection (4) .
The entity or officer does not commit an offence merely because of a contravention of this section.
The fact that—
by exercising a power as mentioned in subsection (2) (a) , or doing the act as mentioned in subsection (2) (b) , the entity contravened, or would contravene, subsection (2) ; or
by doing a particular act, the officer contravened, or would contravene, subsection (4) ;
may only be asserted or relied on in proceedings brought by the Corporation of the Bishops, or with the written authority of the Corporation of the Bishops given under its seal.
In this section—
restriction includes prohibition.
s 27 amd 1999 No. 63 s 78 sch 2 ; 2013 No. 62 s 53
(sec.27-ssec.1) Sections 25 to 25C apply to an incorporated church entity subject to any restrictions on its powers under its constituent documents and canon law.
(sec.27-ssec.2) The entity contravenes this subsection if— the entity exercises a power contrary to a restriction mentioned in subsection (1) ; or the entity’s constituent documents or canon law sets out the entity’s objects or functions and the entity does an act that does not promote the objects or functions.
(sec.27-ssec.3) The exercise of the power, or the act, is not invalid merely because of the contravention.
(sec.27-ssec.4) An officer of the entity who is involved in the contravention contravenes this subsection.
(sec.27-ssec.5) An act of the officer is not invalid merely because, by doing the act, the person contravenes subsection (4) .
(sec.27-ssec.6) The entity or officer does not commit an offence merely because of a contravention of this section.
(sec.27-ssec.7) The fact that— by exercising a power as mentioned in subsection (2) (a) , or doing the act as mentioned in subsection (2) (b) , the entity contravened, or would contravene, subsection (2) ; or by doing a particular act, the officer contravened, or would contravene, subsection (4) ; may only be asserted or relied on in proceedings brought by the Corporation of the Bishops, or with the written authority of the Corporation of the Bishops given under its seal.
(sec.27-ssec.8) In this section— restriction includes prohibition.
- (a) the entity exercises a power contrary to a restriction mentioned in subsection (1) ; or
- (b) the entity’s constituent documents or canon law sets out the entity’s objects or functions and the entity does an act that does not promote the objects or functions.
- (a) by exercising a power as mentioned in subsection (2) (a) , or doing the act as mentioned in subsection (2) (b) , the entity contravened, or would contravene, subsection (2) ; or
- (b) by doing a particular act, the officer contravened, or would contravene, subsection (4) ;